Transitional Justice
The concept of transitional justice has several meanings and
its philosophy is based on the precept that any state that wishes
to move towards democracy should sever all ties with the mistakes
and tragedies of the past. This means ensuring that those mistakes
do not reoccur which necessitates revising past mistakes and holding
those responsible accountable for their actions. In some countries
this took the form of truth and reconciliation committees. These
Committees do not aim to prosecute anyone, but ensure that crimes
and mistakes be admitted. There are many experiences which concentrated
on documenting the violations that took place. I believe that it
is necessary to ignore the past and concentrate on the future, although
traces of past mistakes still exist and there has not been a consensus
as to their solution. The Government attempted to compensate those
who had suffered in the past, but some saw this as political opportunism
and looked for political condemnation rather than a practical solution
as a means of overcoming the heavy legacy of the past.
Moreover, the political climate during last few years has been
tense, and this made implementing the detailed concept of transitional
justice a difficult task. The tense political climate and tensions
in the street, all make it very difficult (but not impossible) to
implement transitional justice. It must be said that those who believe
in transitional justice had participated in creating this climate
of tension.
What is important is that the Government should always be creative
and take the initiative. Advocates of transitional justice should
understand the political circumstances and keep in mind that justice
has two faces, for not only does the Government make mistakes but
so did the opposition. We are therefore in need of national reconciliation
and we should rise above the wounds to admit the truth even if it
is not in our best interest. All this requires a positive atmosphere
for change, as no one seems to want to admit their own mistakes,
and instead are determined to condemn the Government only.
Hasan Moosa Shafaei
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